Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. As I am sure you are aware, a guardianship is a court-supervised administration for an incapacitated person. A person — called the guardian — is appointed by a court to care for the person and/or property of an incapacitated person — called the ward. An adult who, because of physical or mental condition, is substantially unable to provide food, clothing or shelter for himself or herself, to care for his or her own physical health, or to manage his or her own financial affairs is considered an incapacitated person. As such, if your brother tries and goes after you to obtain this, you will need to object to and oppose his claims that you are not able to care for and take care of yourself. There is going to need to be evidence, obtained by him, showing the need for this. Of course, there may be tests done and other things which the Judge asks to be ordered,to see where you are. I can tell you that if you appear in court and are able to speak with the Judge and advise that your brother has ulterior motives in doing this, that they will not let it happen. As far as him being an ex-con, Persons disqualified to serve are:
a person whose conduct is notoriously bad
an incapacitated person
a person who is a party, or whose parent is a party, to a lawsuit concerning or affecting the welfare of the proposed ward
a person indebted to the ward, unless the debt has been paid
a person asserting a claim adverse to the proposed was or the ward’s property
a person who, by lack of education or experience, is incapable of prudently managing the ward’s estate, or
a person, corporation, or institution found unsuitable by the court.
It is also presumed not to be in the best interest of a ward to appoint a person as guardian if they have been convicted of:
any sexual offensesexual assault
aggravated sexual assault
injury to a child
abandoning or endangering a child, orincest
As such, his history may prevent this also.
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